| 1 | 1 | | By: Leach H.B. No. 2887 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | Relating to the definition of a "Navigable stream". |
|---|
| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 8 | | SECTION 1. Section 21.001 (3), Natural Resources Code, is |
|---|
| 9 | 9 | | amended to read as follows: |
|---|
| 10 | 10 | | Sec. 21.001(3). DEFINITIONS. In this chapter, |
|---|
| 11 | 11 | | (a) "Navigable stream" means a stream or river which retains |
|---|
| 12 | 12 | | an average width of 30 feet from the mouth up., and which maintains |
|---|
| 13 | 13 | | a constant |
|---|
| 14 | 14 | | water depth of 12 inches or greater. |
|---|
| 15 | 15 | | SECTION 2. Section 11.096, Water Code, is amended to read |
|---|
| 16 | 16 | | as follows: |
|---|
| 17 | 17 | | (a) No person may obstruct the navigation of any stream a |
|---|
| 18 | 18 | | navigable stream which can be navigated by steamboats, keelboats, |
|---|
| 19 | 19 | | or flatboats by cutting and felling trees or by building on or |
|---|
| 20 | 20 | | across the stream any dike, milldam, bridge, or other obstruction. |
|---|
| 21 | 21 | | (b) A fence built or maintained for the purpose of the |
|---|
| 22 | 22 | | containment of livestock shall not be a violation under this |
|---|
| 23 | 23 | | section. |
|---|
| 24 | 24 | | SECTION 3: This Act takes effect immediately if it receives |
|---|
| 25 | 25 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 26 | 26 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 27 | 27 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 28 | 28 | | Act takes effect September 1, 2015. |
|---|